Non-standard goods in trademark applications

China implements a classification-based trademark application system. Article 22 of the Trademark Law requires applicants to specify goods categories and names according to the published Classification Table. This table refers to the "Classification of Goods and Services for Trademark Registration," regularly updated by the China National Intellectual Property Administration (CNIPA). Items with standardized names listed in the table are termed "standard goods." Products or business formats not included in the table, which require applicants to provide their own descriptions, are classified as "non-standard goods."

Non-standard goods can be declared, but the requirements are stricter. Article 15 of the "Regulations for the Implementation of the Trademark Law" provides an exception: if a good or service name is not listed in the Classification Table, a description of that good or service must be submitted. This means that when declaring non-standard goods, you must submit a product specification detailing its functions, uses, main ingredients, and target consumers to enable the examiner to classify it accurately.

In practice, the greatest risk with non-standard trademarks is "correction." If a mark's name is vague, overly broad, or overlaps with other classes, the Trademark Office will issue a Notice of Correction for Trademark Registration Application. The applicant must submit corrections within 30 days as required. Failure to correct within the deadline or submitting an unsuccessful correction will result in rejection of the application—wasting several months and potentially losing the priority date, leaving the mark vulnerable to being registered by others. Importantly: in a multi-class application, if any single class fails the correction, the entire application loses its original filing date across all classes.

How to reduce risk? Three suggestions:

First, use standard goods whenever possible. Search the Classification Table first, then check the list of acceptable non-standard items published by the Trademark Office. Only if neither source contains the item should you consider filing a custom declaration.

Second, names must be specific and accurate. Avoid vague terms like "×× Accessories" or "×× Products." Use parentheses to clarify when necessary (e.g., "Hair Wax (Hair Styling Cream)").

Third, product manuals must be accurate and detailed, clearly explaining functions, uses, and sales channels. This is critical for examiner approval.

Getting the product name right is half the battle in trademark registration!

Fuzhou Mingzhi Trademark & Patent Office (Institution Code: 35307)

Fuzhou Mingzhi Trademark and Patent Firm

URL: www.fzipa.com

Contact: Huang Canlin 13305000901 Email: huangcanlin@fzipa.com

Fujian's premier specialized IP firm. Core team members with 10+ years of experience, specializing in high-value cross-border patents, patent invalidation proceedings, and patent infringement litigation. We uphold strict quality standards, conducting rigorous Incopat and Patsea cross-searches, maintaining a selective caseload, and refusing to accept abnormal patent applications involving drafting services only. We deliver strong protection and high success rates for "Specialized and Sophisticated" enterprises and innovation entities.

Primary Service Areas: Fuzhou, Putian, Quanzhou, Xiamen, Zhangzhou, Longyan, Nanping, Sanming, Ningde